COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Constitutional Adjudication
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 486
Fall/Spring
3
0
3
5
Prerequisites
None
Course Language
Turkish
Course Type
Elective
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to introduce the procedural aspect of compulsory constitutional law education in the law faculty curriculum to the students.
Learning Outcomes The students who succeeded in this course;
  • describe the concepts, theories and institutions of constitutional adjudication
  • compare the different forms of constitutional review function in different countries
  • reinforce the basic knowledge of constitutional procedural law
  • discuss the judicial sanctions of the constitutional rules
  • combine theoretical knowledge with adjudication to complete constitutional law education
Course Description This course examines the adjudicative dimension of constitutional law from a comparative perspective. Constitutional review of the legislation, which is a sanction of constitutional rules, is the practical reflection of the theoretical constitutional law. It deals with the emergence of constitutional adjudication in the historical process, its development and types. The institutional and functional characteristics of the Turkish constitutional adjudication will be examined comparatively with other examples in the world.

 



Course Category

Core Courses
Major Area Courses
X
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Fundamental concepts of constitutional adjudication İba & Kılıç, p. 1-21
2 History, meaning and function of constitutional adjudication İba & Kılıç, p. 21-32, 40-49; Özbudun, s. 46-57.
3 Marbury v Madison İba & Kılıç, p. 66-71
4 The birth of constitutional adjudication in Turkey İba & Kılıç, p. 32-40
5 Political review of constitutionality İba & Kılıç, p. 51-57
6 Decentralized constitutional adjudication İba & Kılıç, p. 64-72
7 Centralized constitutional adjudication İba & Kılıç, p. 72-74
8 The problem of legitimacy of constitutional adjudication Özbudun, s. 57-63.
9 Establishment of the constitutional court İba & Kılıç, p.157-184
10 Norm standards & Types of Review İba & Kılıç, p. 197-210
11 Rules banned from review of the constitutional court İba & Kılıç, p. 185-195
12 Types and results of the decisions of the constitutional court İba & Kılıç, p. 211-227
13 Individual application (I) İba & Kılıç, p. 97-108
14 Individual application (II) İba & Kılıç, p. 108-143
15 Review of the semester
16 Final Exam
Course Notes/Textbooks

Şeref İBA & Abbas Kılıç, Anayasa Yargısı Dersleri, 3. Baskı, Ankara: Turhan, 2019.

Suggested Readings/Materials

Ergun Özbudun, Anayasalcılık ve Demokrasi, Ankara: Yetkin, 2019.

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
1
50
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterm
Final Exam
1
50
Total

Weighting of Semester Activities on the Final Grade
1
50
Weighting of End-of-Semester Activities on the Final Grade
1
50
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
16
4
64
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
1
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterms
14
Final Exams
1
24
    Total
136

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

X
11

To be able to monitor the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1) .

X
12

To be able to use the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest